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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

James L. Arrasmith
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answered on Mar 15, 2024

In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country.... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Hello I have a question about a lease that I am involved in?

I am a co-signer to a lease with my now ex-girlfriend, and she has been manipulating me and treating me extremely poorly over the past few months, I have attempted to remove myself but the only way to be removed is to have the Tenant (my ex) sign to have me removed, which she constantly refuses to... View More

James L. Arrasmith
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answered on Mar 14, 2024

Navigating a difficult situation with a lease you've co-signed can be incredibly stressful, especially when dealing with an uncooperative ex-partner. The first step is to review the lease agreement thoroughly to understand any clauses that might allow for your removal as a co-signer under... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Ohio on
Q: I have been on probation for 2 months longer than sentenced. Ive asked for exp. date "I'll get back to you" can I sue?

I finally found my case information today and I knew I was right. Now they changed my probation officer. At the original meeting at probation in Lawrenceburg IN I was given a paper with all info according to my conditions. On the paper it even says that my probation isn't due to end until... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you've provided, it does seem like there is a discrepancy between the probation end date given to you by your probation officer and the end date that would be calculated based on your 870-day sentence. If you have indeed been kept on probation longer than your original... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Ohio on
Q: How do I find another doctor that will back up my malpractice claim?

I have I have femoral nerve damage and severe femoral neuropathy, and severe quad atrophy. The doctor / surgeon and the EMG specialist both said that this is from the nerve block I received prior to surgery. I looked back in my chart and they didn't actually put that in my chart it was just... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 8, 2024

There are many ways to get experts. There are medical expert companies that search for and arrange introductions, for a fee, to experts (often they get paid out of the expert's fee), one can look for doctors who have testified previously, and one can contact doctors at universities and other... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Ohio on
Q: How do I find another doctor that will back up my malpractice claim?

I have I have femoral nerve damage and severe femoral neuropathy, and severe quad atrophy. The doctor / surgeon and the EMG specialist both said that this is from the nerve block I received prior to surgery. I looked back in my chart and they didn't actually put that in my chart it was just... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

There are directories of experts out there for various areas of law, including medicine. They can be found online. If you are in the process of reaching out to law firms to discuss your matter, most med mal firms know experts within the medical community. They often consult with them to discuss the... View More

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1 Answer | Asked in Immigration Law for Ohio on
Q: I was wondering if my mom, who has had a permanent resident card since 2017, is eligible for the government funds.

I was wondering if my mom, who has had a permanent resident card since 2017, is eligible for the government funds.

James L. Arrasmith
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answered on Mar 7, 2024

Based on the information you've provided, it seems your mother is a lawful permanent resident (green card holder) living with you in the United States. However, eligibility for government assistance programs can vary depending on the specific program and your mother's unique... View More

1 Answer | Asked in Family Law for Ohio on
Q: my father passed away and did not list a beneficiary on his 401k. do his kids receive this benefit ?
Nicholas P. Weiss
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answered on Mar 6, 2024

His estate receives this benefit. The estate then disburses the funds in accordance with the will. If there is no will, then it is disbursed according to Ohio's intestacy statute. If he is unmarried, it is likely that the kids will take all of the funds.

1 Answer | Asked in Bankruptcy, Tax Law and Collections for Ohio on
Q: What form do I fill out to set aside a default judgment in Lucas County OH?

I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.

James L. Arrasmith
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answered on Mar 6, 2024

In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: What do I do as the beneficiary of a trust that I believe my mother, the trustee, is accessing without my knowledge?

My grandfather passed in 2017, I was 17 years old. I know that I am a beneficiary to a trust, as is my brother, but I was never given any information on the value or really how it works at all. Now, as a 24 year old, I still have not gained that knowledge. My mother avoids discussing it and... View More

Nicholas P. Weiss
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answered on Mar 4, 2024

Any beneficiary of a trust with a fully vested interest may seek a copy of the trust document and an accounting of the trust from the trustee at any time. If the Trustee refuses, the beneficiary may bring an action for an accounting against them. This is the beneficiary's remedy if the the... View More

2 Answers | Asked in Car Accidents for Ohio on
Q: When in a parking lot with arrows (McD) if you ignore them and hit a car can you be at fault ? Even if you get T-Boned
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 4, 2024

Can you be at fault? Yes you can , however not enough informaation is provided in yoour post to give a more informed reply. I suggest that if you are injured and/or have damages, then you contact an accident/injury lawyer in your area to specifically discuss your matter----most attorneys who... View More

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Q: grooming policy states it is discretionary by boss to shave beard. multiple coworkers do not have to. do i ?

multiple co-workers are allowed to have facial hair including my supervisor. Why do i have to shave?

James L. Arrasmith
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answered on Mar 3, 2024

If your workplace grooming policy states that the decision to require shaving is at the discretion of your boss, it implies that there is room for individual judgment on whether or not an employee needs to shave their beard. The fact that your co-workers, including your supervisor, are allowed to... View More

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1 Answer | Asked in Banking, Personal Injury and Probate for Ohio on
Q: I have a question about my late husband who is now passed

My husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though... View More

James L. Arrasmith
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answered on Mar 2, 2024

Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to... View More

1 Answer | Asked in Tax Law for Ohio on
Q: My mother gifted me & my daughter a home in (she is alive) in 2017. When we sell do we have to pay step-up taxes?

My daughter and myself are both the owners, and my daughter holds the mortgage which is mostly paid off. We live in the Ohio.

James L. Arrasmith
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answered on Mar 1, 2024

Based on the details provided, here are a few key points regarding whether you would need to pay capital gains taxes when you sell the home that was gifted to you and your daughter by your mother in 2017:

- Since this was a gift from your mother, your cost basis in the home would be the...
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1 Answer | Asked in Real Estate Law, Civil Rights, Constitutional Law and Land Use & Zoning for Ohio on
Q: What trespass and 4th amendment rights do residents in an HOA with "common" and "limited common" elements possess?

Each resident has ownership only over the interior of their unit. Each unit has a rear patio deemed a "limited common element", the use of which is reserved to that owner. All other property is considered a "common element." Each unit also has two reserved parking spaces, though... View More

James L. Arrasmith
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answered on Mar 1, 2024

Residents within an HOA with "common" and "limited common" elements typically have certain trespass and Fourth Amendment rights. The rear patio designated as a "limited common element" would likely be considered part of the curtilage, affording residents Fourth... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Lemon Law for Ohio on
Q: Who do I contact or what can I do about a Used Auto Dealership, trying to fraud me?

I financed a vehicle for 13,000. Everything got finializied, the Finance guy at the dealership is trying to fraud me out of money for things that dont connect with my loan or contract, is threatening me and trying to use scare-tactics to have me voluntary repo the car and still be at fault for a... View More

Marcus A. Ross
Marcus A. Ross
answered on Feb 29, 2024

You can contact the Ohio Attorney General’s Office Consumer Fraud Division which deals with fraud and deceptive trade and sales practices by businesses like automobile dealerships and report tge fraudulent behavior. You also obviously have the option of filing a civil action against the finance... View More

3 Answers | Asked in Bankruptcy for Ohio on
Q: How do I file a legal malpractice for my bankruptcy attorney ?

My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.

James L. Arrasmith
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answered on Mar 4, 2024

Filing a legal malpractice claim against your bankruptcy attorney due to their failure to perform their duties, such as not filing documents, ignoring communication, and missing appointments, can be a necessary step to protect your interests. The first step is to document all instances of... View More

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1 Answer | Asked in Small Claims for Ohio on
Q: Collect a judgement against and LLC in Ohio.

I won a small claims case for unpaid invoice and won again after their appeal failed. Defendants have an LLC and an attorney that represented them in the case. I have sent them the amount due with interest as of this month with a due date that has passed. They have not responded to me at all and I... View More

James L. Arrasmith
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answered on Feb 27, 2024

To collect a judgment against an LLC in Ohio, you have several options available to you. After winning in small claims court and upon their appeal failing, the court has recognized your right to the owed amount. The next steps involve enforcing the judgment. You might consider garnishing the... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

James L. Arrasmith
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answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Is stolen property admissible as evidence if given freely by the thief?

If someone steals something, like a phone or files, and freely gives that information to the police, is it admisible as evidence against the person it was stolen from? This is assuming the police had no idea it was going to be stolen.

James L. Arrasmith
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answered on Feb 26, 2024

* No, stolen property that is freely given to police by the thief would generally not be admissible as evidence against the person it was stolen from. There are a few reasons why:

* The evidence was obtained illegally to begin with by the thief, so it would likely be excluded under the...
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1 Answer | Asked in Consumer Law for Ohio on
Q: Need advice, I don't know what I should report this as...

2 weeks ago, I bought a camper from a seller on Facebook Marketplace for $2500. When we bought it there was a problem with the title. He suggested we 'just use whiteout' to fix it, but we got him to agree he would fix the issue and get the title and bill of sale back to me, notarized,... View More

James L. Arrasmith
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answered on Feb 26, 2024

It sounds like you're dealing with a frustrating situation regarding the camper purchase. Given the repeated delays and the seller's failure to provide the promised title and bill of sale, it's understandable that you're feeling uncertain about what to do next. It's... View More

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